What types of penalties should I expect if I am caught shoplifting in Rochester, NY?

Innocent and Facing Charges That Would Have Ruined My Life

"I had just recently graduated from law school and was awaiting my bar exam when I was charged with 3 class D felonies. Adam was incredibly invested and attentive from the beginning of my case. He greatly exceeded my expectations in how often he took the time to come visit me in jail with updates. He calmly talked my wife through the issues and helped her understand what was going on. Adam believed in me and took the case to jury trial in Monroe County Court. His courtroom performance was excellent, combined with a solid grasp of litigation procedures and law. The jury verdict was not guilty on the 3 counts. I WAS DISCHARGED AND ACQUITTED ON ALL COUNTS. Worst-case scenario I was looking at 21 years in prison, and instead today I have my life back."

Before I tell you what might happen to you, I need to make some assumptions. Assumption #1: This is your first criminal offense. Assumption #2: Your attorney has negotiated an ACD (Adjournment in Contemplation of Dismissal) on your behalf. What is an ACD?[For people who are facing a Petit Larceny charge after already having been convicted previously, I can still answer the question, but it would be easier to do so over the phone or in person. Please call the law office at (585) 485-0025 to discuss your case in detail.]

P. Adam Militello, Esq.

Beginning with those assumptions, I have multiple answers for you: If you are caught shoplifting at Pittsford Plaza, Marketplace Mall, or other locations in Monroe County: As a condition of your ACD you will likely have to perform community service. The number of hours is typically decided through conversations between your attorney and the local prosecutor. Monroe County has a community service coordinator who can set up your service, and who will report back to the Court once you have completed it. If you have a particular not-for-profit agency where you want to volunteer, it can usually be arranged through the Court and without the Community Service Coordinator. At least one of the judges in Henrietta Town Court has expressed a preference that community service be performed locally, so if you are a college student leaving for the summer, we need to discuss the logistics of getting that done.

If you are caught shoplifting at Eastview Mall or other Ontario County Locations: ACDs are rarely given in Ontario County, and certainly not without a very good reason. A simple Petit Larceny charge in Victor, NY is often charged as multiple crimes (possession of burglar tools, possession of stolen property, criminal mischief), and each of them needs to be resolved. Plea offers typically involve a lot of community service, counseling, sometimes interim probation, and then a reduction to the non-criminal offense of Disorderly Conduct.

If you are caught shoplifting in Geneseo or other locations in Livingston County: In exchange for an ACD, a person charged with Petit Larceny will likely have to complete community service. Community service is no longer overseen by the Sheriff, so you need to arrange for service at a local not-for-profit. Cemeteries often look for clean-up assistance in the spring, Goodwill accepts volunteers, and churches are also an option (but some judges won't let you do it at a church you attend, "No double-dipping," they say). If you find yourself charged with shoplifting, please call The Militello Law Firm for a free telephone consultation and case evaluation. Our phone number is (585) 485-0025.